Because of the existing possibility of the occurrence of disasters of unprecedented size and destruction resulting from fire, flood, tornado, blizzard, destructive winds, or other natural causes, or from sabotage, hostile action, or from hazardous material mishaps of catastrophic measure; and in order to ensure that preparations of the city will be adequate to deal with those disasters, and generally, to provide for the common defense and to protect the public peace, health, and safety, and to preserve the lives and property of the people of this city, it is hereby found and declared to be necessary:

1. To establish a city emergency management organization responsible for city planning and preparation for emergency government operations in time of disasters;
2. To provide for the exercise of necessary powers during emergencies and disasters;
3. To provide for the rendering of mutual aid between the city and other political subdivisions of the state and of other states with respect to the carrying out of emergency preparedness functions; and
4. To comply with the provisions of M.S.A. § 12.25, as it may be amended from time to time, which requires that each political subdivision of the state shall establish a local organization for emergency management.

There is hereby created within the city government an emergency management organization which shall be under the supervision and control of the city emergency management director, called the director. The director shall be appointed by the mayor with approval of the city council for an indefinite term and may be removed by him at any time. The director shall serve with a salary as established by the city council and shall be paid his necessary expenses. The director shall have direct responsibility for the organization, administration, and operation of the emergency preparedness organization, subject to the direction and control of the mayor.

1. The director, with the consent of the mayor, shall represent the city on any regional or state conference for emergency management. The director shall develop proposed mutual aid agreements with other political subdivisions of the state for reciprocal emergency management aid and assistance in an emergency too great to be dealt with unassisted, and shall present these agreements to the council for its action. These arrangements shall be consistent with the state emergency plan.
2. The director shall make studies and surveys of the human resources, industries, resources, and facilities of the city as deemed necessary to determine their adequacy for emergency management and to plan for their most efficient use in time of an emergency or disaster. The director shall establish the economic stabilization systems and measures, service staffs, boards, and sub-boards required, in accordance with state and federal plans and directions subject to the approval of the mayor.
3. The director shall prepare a comprehensive emergency plan for the emergency preparedness of the city and shall present the plan to the council for its approval. When the council has approved the plan, it shall be the duty of all city agencies and all emergency preparedness forces of the city to perform the duties and functions assigned by the plan as approved. The plan may be modified in like manner from time to time. The director shall coordinate the emergency management activities of the city to the end that they shall be consistent and fully integrated with the emergency plans of the federal government and the state and correlated with emergency plans of the county and other political subdivisions within the state.
4. In accordance with the state and city emergency plan, the director shall institute training programs, public information programs, and conduct practice warning alerts and emergency exercises as may be necessary to ensure prompt and effective operation of the city emergency plan when a disaster occurs.
5. The director shall utilize the personnel, services, equipment, supplies, and facilities of existing departments and agencies of the city to the maximum extent practicable. The officers and personnel of all city departments and agencies shall, to the maximum extent practicable, cooperate with and extend services and facilities to the city's emergency management organization and to the governor upon request. The head of each department or agency in cooperation with the director shall be responsible for the planning and programming of those emergency activities as will involve the utilization of the facilities of the department or agency.
6. The director shall, in cooperation with those city departments and agencies affected, assist in the organizing, recruiting, and training of emergency management personnel, which may be required on a volunteer basis to carry out the emergency plans of the city and state. To the extent that emergency personnel are recruited to augment a regular city department or agency for emergencies, they shall be assigned to the departments or agencies and shall be under the administration and control of the department or agency.
7. Consistent with the state emergency services law, the director shall coordinate the activity of municipal emergency management organizations within the city and assist in establishing and conducting training programs as required to assure emergency operational capability in the several services as provided by M.S.A. § 12.25, as it may be amended from time to time.
8. The director shall carry out all orders, rules, and regulations issued by the governor with reference to emergency management.
9. The director shall prepare and submit reports on emergency preparedness activities when requested by the mayor.

1. A local emergency may be declared only by the mayor or his legal successor. It shall not be continued for a period in excess of three days except by or with the consent of the council. Any order or proclamation declaring, continuing, or terminating a local emergency shall be given prompt and general publicity and shall be filed in the office of the city clerk.
2. A declaration of a local emergency shall invoke necessary portions of the response and recovery aspects of applicable local or inter-jurisdictional disaster plans, and may authorize aid and assistance thereunder.
3. No jurisdictional agency or official may declare a local emergency unless expressly authorized by the agreement under which the agency functions. However, an inter-jurisdictional disaster agency shall provide aid and services in accordance with the agreement under which it functions.

1. Whenever necessary, to meet a declared emergency or to prepare for an emergency for which adequate regulations have not been adopted by the governor or the council, the council may by resolution promulgate regulations, consistent with applicable federal or state law or regulation, respecting: the conduct of persons and the use of property during emergencies; the repair, maintenance, and safeguarding of essential public services, emergency health, fire, and safety regulations, drills or practice periods required for preliminary training; and all other matters which are required to protect public safety, health, and welfare in declared emergencies.
2. Every resolution of emergency regulations shall be in writing; shall be dated; shall refer to the particular emergency to which it pertains, if so limited; and shall be filed in the office of the city clerk. A copy shall be kept posted and available for public inspection during business hours. Notice of the existence of these regulations and their availability for inspection at the city clerk's office shall be conspicuously posted at the front of the city hall or other headquarters of the city or at other places in the affected area as the council shall designate in the resolution. By resolution, the council may modify or rescind a regulation.
3. 1. The council may rescind any regulation by resolution at any time.
   2. If not sooner rescinded, every regulation shall expire at the end of 30 days after its effective date or at the end of the emergency to which it relates, whichever comes first.
   3. Any resolution, rule, or regulation inconsistent with an emergency regulation promulgated by the council shall be suspended during the period of time and to the extent conflict exists.
4. 1. During a declared emergency, the city is, under the provisions of M.S.A. § 12.31, as it may be amended from time to time, and notwithstanding any statutory or Charter provision to the contrary, empowered, through its council, acting within or without the corporate limits of the city, to enter into contracts and incur obligations necessary to combat the disaster by protecting the health and safety of persons and property and providing emergency assistance to the victims of a disaster.
   2. The city may exercise these powers in the light of the exigencies of the disaster without compliance with the time-consuming procedures and formalities prescribed by law pertaining to the performance of public work, entering rental equipment agreements, purchase of supplies and materials, limitations upon tax levies, and the appropriation and expenditure of public funds, including, but not limited to, publication of resolutions, publication of calls for bids, provisions of personnel laws and rules, provisions relating to low bids, and requirement for bids.

1. All functions and activities relating to emergency management are hereby declared to be governmental functions.
2. The provisions of this section shall not affect the right of any person to receive benefits to which he would otherwise be entitled under this chapter or under the workers' compensation law, or under any pension law, nor the right of any person to receive any benefits or compensation under any Act of Congress.

The emergency management organization shall not participate in any form of political activity, nor shall it be employed directly or indirectly for political purposes, nor shall it be employed in a labor dispute.

1. Generally. Unless otherwise provided in this Code, or by law, every public hearing required by law, ordinance, or resolution to be held on any legislative or administrative matter shall be conducted in accordance with this section.
2. Notice. Every hearing shall be preceded by a minimum ten-days' mailed notice to all persons entitled by law, ordinance, or regulation. The notice shall state the time, place, and purpose of the hearing. Failure to give the notice of defects in it shall not invalidate the proceedings if a good faith effort has been made to comply with this subsection. Every hearing shall be preceded by a minimum of ten-days' published notice in the designated legal newspaper.
3. Conduct of hearing.
   1. At the hearing, each party in interest shall have an opportunity to be heard and to present the evidence as is relevant to the proceeding.
   2. The council may adopt rules governing the conduct of hearings, records to be made, and the other matters as it deems necessary.
4. Record. Upon the disposition of any matter after hearing, the council shall have prepared a written summary of its findings and decisions and enter the summary in the official council minutes.

Any member of the council, city employee, or members of duly appointed boards and commissions who, through employment, family relationship up to and including the fourth degree of relationship pursuant to the civil law system, or direct property ownership, or otherwise, will be directly or indirectly benefitted by a city action, shall make known that interest to the council and shall refrain from voting upon and otherwise participating in the decision-making process. Any councilmember, board, or commission member who willfully conceals their interest as described in this section shall be guilty of a misdemeanor.

The system for the permanent registration of voters provided by M.S.A. ch. 201, as it may be amended from time to time, is, by this section, adopted and made part of this section by reference as if fully set forth in this section.

No person shall be permitted to vote at any election in the city unless that person is registered as provided by state statutes.

The regular city election shall be held on the first Tuesday after the first Monday in November in each even-numbered year.

1. Procedure.
   1. Authority. City councils are authorized to adopt rules of procedure and provide for order at their meetings.
   2. Parliamentary procedure. Except as specifically provided under statute or these parts, the most current version of the Robert's Rules of Order Revised governs any question of parliamentary procedure that arises at a city meeting.
2. Purpose. The purpose of this policy on city council meetings is to set the groundwork for orderly and respectful communications between and among councilmembers, city staff, and citizens to promote the efficient working of the public's business at city council meetings.
3. Regular meetings. Except as provided herein, regular meetings shall be held at city hall beginning at 7:00 p.m. on the first and third Tuesdays of each month. The city council may cancel regular council meetings by adopting the appropriate motion at any duly called council meeting. The city council may change the date, time, and/or place of a regular meeting by adopting the appropriate motion at any duly called council meeting and by posting a written notice of the date, time, and place of the rescheduled meeting on the city bulletin board and at the main entrance to the city hall at least three days before the date of the rescheduled regular meeting.
   1. Quorum. A simple majority (three) of the council shall constitute a quorum for the valid transaction of any scheduled business to come before the council.
   2. Location. All meetings, including special, recessed, closed, and continued meetings, shall be held in the city council chambers, located at city hall, unless otherwise designated, pursuant to M.S.A. § 13D.04, subd. 2.
   3. Schedule. A schedule of regular meetings shall be kept on file with the city clerk.
   4. Recessed or continued meetings. When a meeting is recessed or continued, the presiding officer shall state the time and place for the next meeting to occur pursuant to M.S.A. § 13D.04, subd. 4. The time and place shall also be noted in the minutes. If the time and place is stated and noted in the minutes, no additional notice of the meeting is required, unless otherwise required by law. However, if the time and place is not stated and noted as required herein, compliance with the notice procedures for a special meeting, as defined in this section, shall be required.
4. Open Meeting Law. The Minnesota Open Meeting Law (OML), M.S.A. ch. 13D, generally requires that all meetings of public bodies be open to the public.
   1. Principles. The presumption of openness in the OML serves three basic principles:
      1. To prohibit actions from being taken at a secret meeting, where it is impossible for the interested public to become fully informed concerning the decisions of public bodies, or to detect improper influences;
      2. To ensure the public's right to be informed; and
      3. To afford the interested public an opportunity to present its views to the public body on matters of public interest.
   2. The city council views providing and encouraging citizen access to city meetings as one of its most important duties. As a result of this principle, all council and committee meetings, including special meetings, with the exception of closed meetings, as required by M.S.A. ch. 13D, shall be open to the public.
   3. In calculating the number of days for providing notice under the OML, the first day that the notice is given is not counted, but the last day is counted. If the last day is a Saturday, Sunday, or legal holiday, that day is omitted from the calculation and the day following the Saturday, Sunday, or legal holiday is considered the last day.
   4. In keeping with the intent of the OML, councilmembers shall not use any form of communications technology, such as text messaging or email, to communicate with another person during a public meeting in a manner that is hidden or shielded from public view.
   5. Pursuant to M.S.A. § 13D.01, subd. 6, at least one copy of the written materials made available to the council at or before the meeting shall also be made available for inspection by the public, excluding any non-public data, attorney-client privileged data, or materials related to agenda items of closed meetings, or anything else otherwise deemed not public by any applicable law.
5. Special meetings. Special meetings may be called by the mayor or by any two councilmembers filing a written notice with the city administrator. At least three days prior to the date of the special meeting, the city administrator shall provide notice to all members of the council and to each person who has filed a written request for notice of special meetings, and shall post the notice on the city bulletin board and at the main entrance to city hall. The notice shall indicate the date, time, place, and purpose of the special meeting. If matters not directly related to the purpose of the special meeting are discussed or acted upon at the special meeting, the minutes of the special meeting shall include a specific description of the matters. Days shall be counted as provided in subsection (d)(3) of this section. Notice to the public of special meetings must be given pursuant to M.S.A. § 13D.04, subd. 2.
6. Closed meetings. The OML allows or requires some meetings to be closed to the public for certain defined purposes. When a meeting is closed, the presiding officer at the meeting shall state for the record the reason for closing the meeting and cite the specific provision of law allowing or requiring the meeting to be closed. The presiding officer shall also ensure that meetings are recorded, if required by law.
7. Emergency meetings. An emergency meeting is a special meeting called by the mayor or any two councilmembers because of circumstances that, in the judgment of the mayor or any two councilmembers, require immediate consideration by the council. The person or persons who call the emergency meeting shall make a good faith effort to contact all councilmembers and, as soon as reasonably practicable after notice has been given to councilmembers, all members of the news media who have filed a written request for notice of emergency meetings if the request includes the news media's telephone number. The notice shall include the date, time, place, and purpose of the emergency meeting. If matters not directly related to the emergency meeting are discussed at an emergency meeting, the minutes of the emergency meeting shall include a specific description of the matters.
8. Business conducted at special or emergency meetings. No business shall be transacted at special or emergency meetings unless the business shall have been specified, in the notice, without the consent of all of the members of the council present. Any member present at any special or emergency meeting who fails to object and have their objections entered in the minutes of the special or emergency meeting will be conclusively presumed to have consented to the transaction of all business transacted at the special or emergency meeting and no objection may thereafter be raised by a councilmember that the notice of the special or emergency meeting was defective.
9. Initial meeting. At the first regular council meeting in January of each year, the council shall:
   1. Appoint an acting mayor, who shall act as mayor in the mayor's absence, pursuant to M.S.A. § 412.121;
   2. Select one official newspaper pursuant to M.S.A. § 412.831;
   3. Select an official depository for city funds. This must be done within 30 days of the date of the city's fiscal year pursuant to M.S.A. §§ 427.01, 427.02, 118A.02, subd. 1, and 427.09;
   4. Review the council's bylaws and make any needed changes;
   5. Assign committee duties to members. All assignments of councilmembers to serve on city boards, commissions, and committees shall be by a majority vote of a quorum of a duly called meeting, unless otherwise provided by law;
   6. Approve official bonds that have been filed with the clerk;
   7. Appoint a city attorney; and
   8. Appoint a city engineer.
10. Public meetings. All council meetings, including special and adjourned meetings and meetings of council committees, shall be conducted in accordance with the Minnesota Open Meeting Law.
11. Ground rules. Each councilmember shall abide by the following ground rules for interaction with each other and with members of the public at council meetings. All councilmembers shall assist the presiding officer in preserving order and decorum and in providing for the efficient operation of the meeting. Council meetings shall be conducted in a courteous manner that recognizes the validity of differing viewpoints and promotes the ideal of respectful democratic discussion and debate that is free of insult, slander, and personal attacks or threats.
    1. Respect others. Councilmembers should:
       1. Respect each other and the process;
       2. Assume each councilmember is being honest and genuine in the expression of his views;
       3. Not shame or blame others;
       4. Not talk about people who are not present; and
       5. Respect residents of the city and city staff.
    2. Listen. Councilmembers should:
       1. Not interrupt while others are speaking;
       2. Ask clarifying not interrogating questions;
       3. Use "I" statements not "You" statements;
       4. Discuss and debate ideas in a civil manner;
       5. Be respectful of the ideas of others even if they don't agree with your ideas; and
       6. Keep side conversations to a minimum.
    3. Accountability. Councilmembers should:
       1. Participate to the best of their ability;
       2. Be responsible for making sure all voices are heard;
       3. Be accountable for what they do and say;
       4. Hold each other accountable in a civil way;
       5. Be responsible for their part of a problem or issue;
       6. Be accountable for the use of information by not misusing information or by providing incorrect information; and
       7. Be responsible for reviewing agenda items and supporting information.
    4. Take risks. Councilmembers should:
       1. Take risks, be authentic and speak truthfully; and
       2. Not be hostile or harassing toward others for taking risks.
    5. Be open. Councilmembers should:
       1. Be open to other's stories and realities;
       2. Be open to partially-formed ideas;
       3. Learn from mistakes;
       4. Be open to a change of heart and mind; and
       5. Not operate from fear.
    6. Personal reaction. Councilmembers should not take things personally, and focus on the ideas being expressed, not the person expressing the ideas.
    7. General rules of decorum. To effectuate the following ground rules, all councilmembers shall conduct themselves at all times in a manner consistent with the following:
       1. No councilmember shall engage in private conversation or pass private messages while in the chamber in a manner so as to interrupt the proceedings of the council;
       2. No councilmember shall leave his seat or make any noise or disturbance while a vote is being taken and until the result of the vote is announced;
       3. No councilmember shall use profane or obscene words or gestures, or unparliamentary language, or use language that threatens harm or violence toward another person at any time;
       4. No councilmember shall speak on any subject other than the subject in debate;
       5. No councilmember shall speak without being recognized by the presiding officer, nor shall any councilmember interrupt the speech of another councilmember;
       6. No councilmember shall disobey the council's Rules of Order and Procedure, as adopted, or a decision of the presiding officer on questions of order or practice or upon the interpretation of the rules of council;
       7. No councilmember shall engage in disorderly conduct that disturbs or disrupts the orderly conduct of any meeting; and
       8. No councilmember shall engage in conduct which delays or interrupts the proceedings or which hinders honest, respectful discussion and debate.

The mayor, or in the mayor's absence the acting mayor, shall preside at all meetings of the council.

1. Role of the presiding officer. The presiding officer shall preserve order, enforce the council Rules of Order and Procedure, as adopted, and determine, without debate, all questions of procedure and order, subject to the final decision of the council on appeal as provided in this section. The presiding officer shall determine which member has the right to speak and may move matters to a vote once the officer has determined that all members have spoken. The presiding officer may determine whether a motion or proposed amendment is in order and may call members to order. Except as otherwise provided by statute or by the provisions of this chapter, the proceedings of the council shall be conducted in accordance with the latest edition of Roberts Rules of Order.
2. Adjourning a meeting. If considered necessary, because of grave disorder as determined by the presiding officer, the presiding officer may adjourn or continue any meeting to another time or suspend the meeting for a specified period of time.
3. Designation of a sergeant-at-arms. The presiding officer may request that local law enforcement designate a member to serve as a sergeant-at-arms at council meetings. The sergeant-at-arms shall carry out all orders or instructions given by the presiding officer for the purpose of maintaining order and decorum at meetings.
4. Motions and voting. The presiding officer may make motions, second motion, speak on any questions, and vote on any matter properly before the council.
5. Absences of presiding officer. In the absence of the mayor, the acting mayor shall preside. In the absence of both the mayor and the acting mayor, the city clerk/administrator shall call the meeting to order. The first order of business shall be to select a presiding officer for the meeting from the members present. The city clerk/administrator shall preside until the councilmembers present choose a member to act as presiding officer.
6. Appeals and ruling of the presiding officer. Any member of the council may appeal to the full council a ruling on order or procedure made by the presiding officer.
7. Procedure for appeals. An appeal is made by motion. No second is needed for the motion of appeal. The member making the motion may speak once solely on the question involved, and the presiding officer may speak once solely to explain their ruling, but no other councilmember may participate in the discussion.
   1. Once both the maker of the motion and the presiding officer has spoken, the matter must be voted upon by the council as a whole.
   2. The appeal shall be sustained if it is approved by a majority of the members present, exclusive of the presiding officer.
8. Temporary designation of a presiding officer. The presiding officer may choose to designate a temporary presiding officer before participating in debate on a given matter. The presiding officer shall resume presiding as soon as action on the matter is concluded.

1. Minutes constitute a vital record of the city and are the best means of preserving council intent, findings of fact, and action. Pursuant to M.S.A. § 412.151, the city clerk must keep a minute book. The minute book shall contain, at a minimum, the following:
   1. The councilmembers who are present;
   2. The type of meeting (regular, special, continued, closed);
   3. Date and place of the meeting;
   4. Time the meeting was called to order;
   5. Approval of minutes of the previous meeting with any corrections;
   6. The members who make or second any motions;
   7. A record of all members and their vote for any roll call votes;
   8. The subject matter of all proposed resolutions or ordinances;
   9. Whether any resolution or ordinance is approved or disapproved by vote of the council;
   10. The votes of each member voting, including the mayor, and the votes of any member not voting (e.g., abstentions, including reason for abstention if given, not present);
   11. A statement of the findings of fact and an explanation of council action, including specific reasons for approval and disapproval of specific resolutions or ordinances, on all land use and licensing matters;
   12. Listing of all bills allowed or approved for payment, noting the recipient, purpose, and amount;
   13. Approval of hourly rates paid for services provided, mileage rates, meal reimbursement amounts, and per diem amounts;
   14. A list of all transfers of funds;
   15. Authorizations and directions to invest excess funds, and information on investment redemptions and maturities;
   16. The identity of any party to whom a contract was awarded;
   17. Appointments of representatives to committees or outside organizations; and
   18. The name of all citizens appearing before the council during the public comment period along with a brief summary of the subject matter of their comments.
2. The minutes of each meeting shall be typed and signed by the clerk/administrator. Copies of the minutes shall be included in the agendas for the council meeting.
3. Meeting minutes shall be considered and approved at a future meeting.
   1. Meeting minutes do not need to be read aloud;
   2. The presiding officer shall call for any corrections;
   3. If there is no objection to a correction, it will be made without a vote of the council;
   4. If there is an objection, the council shall vote upon the addition or correction;
   5. Council shall take formal action by vote to approve the minutes as distributed, with any corrections or amendments made as described herein; and
   6. Minutes shall be published as required by M.S.A. §§ 412.191, 331A.08, subd. 3, and 331A.01, subd. 10.

1. Order established.
   1. Generally. Each meeting of the council shall convene at the time and place appointed for the meeting. Council business shall be conducted in the order determined by the council at its first annual meeting or as thereafter amended by the majority vote of the council.
   2. Order of business. The standard order of business for council meetings shall be the following:
      1. Call to order/Pledge of Allegiance;
      2. Approval of agenda;
      3. Approval of minutes from past meetings;
      4. Public comment;
      5. Presentations;
      6. Consent agenda;
      7. Regular agenda;
      8. Report of the council. Council reports will not be part of the order of business for meetings falling three months before a local election;
      9. Reports from city staff; and
      10. Adjourn.
2. Agenda. An agenda will be prepared for all regular council meetings by the staff or recommendation of the council at a work session. Members of the public wishing to place an item on the agenda must do so by contacting city staff or councilmembers, or by speaking during the public comment period. No member of the general public may add any items to the agenda.
   1. Special meetings. When a special meeting is called pursuant to applicable law, the agenda for the special meeting must be included in the request for the meeting and in the publication of the notice of the meeting pursuant to M.S.A. § 13D.04, subd. 2.
   2. Agenda procedures. Any staff member, the mayor or two councilmembers wishing to add an item to any agenda pursuant to this section shall do so by complying with the following:
      1. All requests from council to place an item on the posted agenda must be received by the city clerk/administrator by 10:00 a.m. 11 days prior to the next council work session meeting. For a regularly scheduled Tuesday work session, the deadline for agenda items would be 10:00 a.m. on the Friday preceding packet completion. All requests from the mayor or council must first be reviewed at a council work session before being placed on the agenda of a regular meeting.
      2. All requests to place an item on the posted agenda must be on the form prescribed by the city clerk/administrator. The form shall be completed with the goal of clearly describing the subject matter to be considered by the council and any action requested or required. Supporting information may be attached to the form as necessary.
      3. All requests to place an item on the posted agenda by city staff or councilmembers must be reviewed by the city clerk/administrator or their designee prior to being included in the agenda.
      4. The agenda, along with all related information materials, will be provided to all city councilmembers and the city attorney at least four days prior to the council meeting for which it applies. For a regularly scheduled Tuesday meeting, the packet will be provided by 5:00 p.m. the Thursday preceding.
3. Consent agenda. A consent agenda may be used to improve the efficiency of meetings. The consent agenda allows the council to consider several items at one time. Only one motion is necessary to approve all items on the consent agenda.
   1. Items that require findings of fact or an explanation of council actions, such as land use matters and the consideration of licensing requests, should not be placed on the consent agenda.
   2. An item on the consent agenda may be removed from such agenda for full consideration by the council upon request made by any member of the council. Items removed from the consent agenda will be placed on the regular agenda for discussion and consideration.
4. Presentation, discussion and agenda item decisions. The following is the order of business for presenting and discussing items on council agendas:
   1. Introduction of item;
   2. Report by staff or other presenter;
   3. Questions from councilmembers to the presenter in a round robin manner. The presiding officer will facilitate the round robin process by asking each individual councilmember for one question and allowing for a response to the individual question. Then the presiding officer will ask the next councilmember, in sequence, until all councilmembers have asked and received responses to a question. No councilmember shall take more than three minutes to ask a question or comment on an item which is being presented before another councilmember has a turn to question and comment on the same item;
   4. Receive questions/comments from the applicant/requesting party to the council, and allow each councilmember to respond in the round robin process;
   5. Allow questions from councilmembers to the applicant/requesting party, if applicable, using the round robin process;
   6. Allow questions/comments from the public to councilmembers. Each member of the public shall state his comments in six minutes. Council shall not interrupt or interact until all public comments are completed;
   7. At the conclusion of the round robin process, the presiding officer calls for a motion or discussion among the council. Discussion on any presentation shall be kept to a minimum, and each councilmember shall only speak twice on the issue. This action is not an indication that the motion on the table is the motion that will be approved in its current form. It is purely for discussion purposes;
   8. Discussion among councilmembers using the round robin process with each member speaking no more than twice on a motion;
   9. Action by the council on the motion.
5. Meeting schedule.
   1. Each meeting of the council shall convene at the time and place appointed. All public hearings shall commence at the advertised time.
   2. Council business shall be conducted in the order of the prepared agenda, unless an alteration is approved by a majority of the council.
   3. The last item on the agenda will be commenced no later than 12:00 midnight.
   4. If all business has not been completed by 12:00 midnight, the meeting shall be continued to another date and time following the notice provisions contained herein.
6. Public participation and comment at council meetings. Council meetings are the forum for the council to conduct the city's business. While council meetings are open to the public pursuant to the Minnesota Open Meeting Law, they are not a forum for public expression. As such, members of the public are not allowed to participate in council discussion and debate without a specific invitation and/or formal recognition by the presiding officer. Members of the public shall not applaud, engage in conversation, or engage in other behavior through words or actions that may disrupt the proceedings of the council.
7. Members of the public shall follow the direction of the presiding officer. Members of the public who do not follow the direction of the presiding officer will be warned that further disruptive conduct will result in removal from the meeting. After such warning, if the conduct continues, the presiding officer may ask the member of the public to leave the meeting room. If the member of the public refuses to follow the direction of the presiding officer, the presiding officer may direct the sergeant-at-arms to remove the person through any lawful means. In emergency situations, or where the conduct is an egregious threat to the safety of the public or the council, a warning is not necessary before the sergeant-at-arms is directed to remove the person.
8. Public comment period. A limited forum for members of the public to speak with the council is provided on each agenda. Public comments during the public comment period are subject to the following limitations:
   1. Speakers must be recognized by the presiding officer before speaking and are limited to six minutes for comment;
   2. When multiple speakers appear to speak on the same topic, comments should not be repetitive. The presiding officer may request speakers to appoint a spokesperson;
   3. The presiding officer may place a time limit on the public comment period if necessary to allow for the conduct of city business. If there is not sufficient time at the meeting to hear all public comments, the comment period may be deferred to the next regular council meeting or at a continued meeting;
   4. Speakers must sign up prior to speaking and provide their name, address, and a brief summary of the subject matter which they wish to address. The sign-up sheet will be available at the start of the city council meeting;
   5. Speakers must direct their remarks toward the presiding officer;
   6. Speakers shall not use obscene, profane, insulting, or threatening language, nor conduct themselves in a threatening, loud, or boisterous manner that disrupts the conduct of the meeting or the security of the public;
   7. Speakers are required to follow the direction of the presiding officer; and
   8. The council will generally not respond at the same meeting where an issue is initially raised by a member of the public. Generally, the matter will be referred to staff for further research and possible report or action at a future council meeting. If council responds, council shall not interrupt or interact until all public comments are completed.
9. Public hearings. Public hearings are sometimes required by law to allow the public to offer input on council decisions. Unlike public comment periods, public hearings allow the public to speak on a matter currently before the council. When public hearings are required by law, notice shall be provided as required by state statute. Public hearings shall be commenced at the time advertised in any notice required by law.
   1. General procedure for public hearings. The order of business for all public hearings conducted by the council shall be:
      1. Opening comments by the presiding officer announcing the purpose of the public hearing;
      2. The presiding officer opens the public hearing portion of the meeting;
      3. Staff presentation, if any (i.e., administrator/clerk, attorney, engineer, etc.);
      4. Developer/other presentation, if any;
      5. Public comment (all individual comments limited to six-minute maximum);
      6. The clerk/administrator shall make note of any submitted written testimony; and
      7. The presiding officer formally closes the public hearing portion of the meeting.
   2. Speakers who wish to address the council at a public hearing must follow the same rules as contained herein for public comment periods. The presiding officer may allow more time, where appropriate.
   3. Speakers may also provide written comments to the council before or at the meeting. Written comments shall be noted and provided to the council and to anyone else as required by law.
   4. The presiding officer may continue the hearing, if necessary, following the procedures for continuing a meeting contained in this section.
   5. Council shall not interrupt or interact until all public comments are completed.

1. The votes of the council will be taken by voice or hand vote. The presiding officer shall announce the results of all votes of the council.
2. A clear statement of the matter being voted upon and the names of those voting for and against the matter shall be recorded in the official minutes.
3. The presiding officer may ask for a roll call vote to be conducted by the clerk/administrator on any motion of resolution.
4. The clerk/administrator may ask for a verification roll call if the vote of a councilmember is not clear on the voice vote.
5. A majority vote of the quorum present shall be sufficient for all matters before the council, unless otherwise provided by law.
6. Any councilmember may abstain from voting for any reason.
7. If any councilmember is present but does not vote, the minutes, as to his name, shall be marked "Present-Not Voting."

1. Signing and publication proof. Every ordinance and resolution passed by the council shall be in writing and signed by the mayor, attested by the clerk, and filed by the clerk in the ordinance or resolution book. Unless otherwise provided by law, no ordinance shall require more than one reading and all ordinances shall be adopted by a majority vote of councilmembers present at the council meeting. Proof of publication of every ordinance shall be attached and filed with the ordinance.
2. Repeals and amendments. Every ordinance or resolution repealing a previous ordinance or resolution or a section or subdivision shall give the number, if any, and the title of the ordinance or Code section number of the ordinance or resolution to be repealed in whole or in part. Each ordinance or resolution amending an existing ordinance or resolution or part shall set forth in full each amended section or subdivision as it will read with the amendment.
3. Mayoral and city proclamations. Except as otherwise provided by law, all mayoral and city proclamations recognizing events, persons, and official observances shall be adopted by a majority of the councilmembers present and voting at the meeting where such proclamation is presented for adoption.
4. Seating assignments. Councilmembers shall occupy the chairs assigned to them by the presiding officer, but two councilmembers may exchange seats by joining in a formal request to the presiding officer to do so.

The rules of procedure applicable to council meetings may be suspended or amended by two-thirds vote of the councilmembers present and voting, provided that such action is not in violation of state statutes.

The mayor and councilmembers shall be paid salaries as determined from time to time by the council and set by ordinance. An ordinance establishing council salaries shall be adopted before a regular city election and shall not be effective until January 1 following such election.

The salaries provided by LEC 3.08.010 et seq. shall be paid semi-annually, or more frequently, as directed by the council.

1. Establishment of board of adjustment and appeals. The council is established as the board of adjustment and appeals. The board of adjustment and appeals shall have the following powers with respect to this section:
   1. The exclusive power to hear and decide appeals where it is alleged that there is an error in any decision, order, requirement, or determination made by an administrative officer in the enforcement of the zoning code; and
   2. The appeal shall be filed within five business days from the date that the decision, order, requirement, or determination is made and shall state:
      1. The particular decision, order, requirement, or determination from which the appeal is taken;
      2. The name and address of the appellant;
      3. The grounds for the appeal; and
      4. The relief requested by the appellant.
2. Effect of appeal. An appeal stays all proceedings in furtherance of the action appealed from unless the board of adjustment and appeals, to whom the appeal is taken, certifies that, by reason of the facts stated in the certificate, a stay would cause imminent peril to life or property.
3. Authority of the board of adjustment and appeals. The board of adjustment and appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and to that extent shall have all the powers of the officer from whom the appeal was taken, and may direct the issuance of a permit.
4. Hearing procedures.
   1. The zoning administrator shall, upon the filing of a notice of appeal, refer the matter to the board of adjustment and appeals and establish a time for the hearing of the matter by the board.
   2. The zoning administrator shall notify the appellant or applicant, the chairperson of the planning commission, the building official, the abutting property owners, and in the case of an appeal, the officer from whom the appeal is taken, of the time and place of the hearing. The notice shall be in writing and shall be served on the person by mail, provided the notice shall be mailed at least ten days preceding the date of the hearing.
5. Record of findings.
   1. The board of adjustment and appeals shall make written findings in any case of an appeal and shall state in the findings the reasons for its decision. The order issued by the board of adjustment and appeals shall include the legal description of the land involved. Any order shall be filed with the zoning administrator, who shall immediately mail a copy of the order, bearing the notation of the filing date, to the appellant or applicant.
   2. A certified copy of any order issued by the board of adjustment and appeals acting upon any appeal from an decision, order, requirement, or determination of an administrative officer, may be filed with the county recorder or registrar of titles for recording. The filing may be made by the zoning administrator as soon as is reasonably possible after the filing of the order with the zoning administrator.
6. Decision; appeals. All decisions of the board of adjustment and appeals acting upon an appeal from an order, requirement, decision, or determination by an administrative officer or upon an application for a variance shall be final, except that any aggrieved person may have any decision or order of the board reviewed for an appropriate remedy in district court as provided by law.

1. Councilmembers. Two councilmembers shall be elected for four-year terms at each biannual election.
2. Mayor. The mayor shall be elected for a four-year term commencing with the regular municipal elections to be held in 2008. The first four-year mayoral term shall commence on January 1, 2009.

1. The office and position of city administrator is continued within the city.
2. The city administrator shall be appointed by the council and shall serve for an indefinite term. The city administrator shall be chosen on the basis of executive and administrative qualifications, and shall have experience and knowledge in the area of government or business administration.

The city may enter into an employment agreement as it deems necessary to further the purposes of this subchapter.

The administrator shall be the chief administrative officer for the city and shall:

1. Plan and direct the administration of city functions as delegated by the council to ensure efficient municipal services and development in line with council objectives, city ordinances, and state law;
2. Advise the council regarding the impact of policy decisions and to represent the interest of the city in manners before other governmental agencies as delegated by the council;
3. Supervise and manage the administration of all departments within the city. Operate with considerable discretion in normal administration functions and in implementing policies of the council. Responsible for effectively recommending policies, employee staffing, budgets, code modifications, and public communications where council action is required; and
4. Advise council in matters concerning planning, including, but not limited to, zoning, platting, variances, shoreline permitting, conditional use permits, and subdivisions.

The city administrator:

1. Serves as chief administrative officer of the city, and is responsible to the council for the proper administration of all the policies of the city;
2. Knows and understands the Code and its proper application to specific issues and sees that all laws and ordinances are fully and properly enforced;
3. Supervises and manages the administration of all departments, offices, and divisions of the city except as otherwise provided by law and carries out any other responsibilities placed under administrator's jurisdiction by ordinance or by subsequent council action;
4. Recommends from time to time the adoption of the measures as may be deemed necessary or expedient for health, safety, and welfare of the community or for the improvement of the administration;
5. Works with city commissions coordinating their activities with elected city officials and presenting commission recommendations to the council;
6. Stays abreast of developments in the public administrative field and cooperates with governmental units and on matters of mutual interest;
7. Supervises and manages the conduct of local elections in accordance with the prescribed laws and regulations;
8. Relieves the councilmembers of as much administrative detail, inquiry, and the like as possible so they may devote more of their time to the policy-making responsibilities of their position;
9. Coordinates the work of the city's appointed attorney and consulting engineer; and
10. Performs the other duties as may be required by the council.

The city administrator:

1. Acts as personnel officer, and is responsible for implementation of city personnel policies with the authority to effectively recommend employment, discipline, or removal of city employees for council action;
2. Develops and issues all administrative rules, regulations, and procedures necessary to ensure the proper functioning of all city departments, offices, and divisions as permitted by law and council approval;
3. Prepares and updates job descriptions for all city employees and conducts job performance reviews with employees every six months;
4. Reviews all department requests for overtime hours and accepts or rejects them based on needs and budget constraints; and
5. Reviews employee time cards on a regular basis.

The city administrator:

1. Supervises and manages the preparation of, and submits, an annual budget to the council prior to September 1, and keeps the council advised of the financial condition of the individual departments making recommendations as may, from time to time, be determined desirable and necessary;
2. Supervises and manages the effective utilization of city assets and recommends additions or changes to the council;
3. Ensures effective management of financial assets. Works with the city finance director to ensure favorable investment of available funds, effective and proper accounting practices, appropriate insurance coverage, and effective financial planning;
4. Keeps the council advised as to the future needs of the city and makes recommendations to the council in a five-year capital improvement program reviewed and updated annually; and
5. Maintains familiarity with alternate and supplemental sources of revenue, including federal and state aids, loans, grants, and other sources of revenue, and submits recommendations to the council for actions necessary to take advantage of the sources.

1. The administrator attends and participates in discussion at all meetings of the council and other official city bodies; and represents the city at all official or semi-official functions as may be directed by the council; coordinates meetings and represents the council as directed with other governmental agencies and associations. The administrator is responsible for public notification of all regular and special meetings of the council and is responsible for agenda preparation and council meeting procedures. The administrator is responsible for notification of public hearings.
2. The administrator works closely with the council, including performing research on agenda items and other council requests, attending meetings to report on city affairs and problems, presenting recommendations concerning policies and objectives as well as specific actions, and participating in discussions as appropriate of all significant matters. The administrator presents all items which required council action or approval.
3. The administrator prepares agendas for council meetings and provides supporting data.

The administrator supervises all purchases made by the city in accordance with a council-approved purchasing policy and shall enter into contracts for previously budgeted and council-approved purchases. The administrator shall supervise the solicitation of sealed bids, including public notices, on all purchases when required to do so by state law or the city's purchasing policy.

The administrator shall:

1. Work a 40-hour week or equivalent;
2. Attend council meetings in evenings; and
3. Attend any other evening meetings as needed.

The performance criteria of the city administrator shall include, but not be limited to, the following:

1. Policies and programs of the city are readily understood and administered by city personnel;
2. Department heads reporting are consistently performing at a maximum level of productivity in carrying out the policies of the council and the city administrator;
3. Clear and effective communication lines are consistently maintained throughout city organization; and/or
4. The city consistently maintains a positive and high reputation for service among the citizens.

There is continued in the city a building department which shall be under the jurisdiction of the building official designated by the council; the building official shall report to the Community Development Director.

The building official shall be authorized and directed to enforce all the provisions of the state building code and this Code.

In accordance with adopted personnel procedures, the city administrator and building official may recommend for approval by the city council any number of inspectors and other employees as shall be needed from time to time in the building department.

Neither the building official nor any inspectors shall have any financial interest in any concern engaged in a business relationship within the city nor engage in any business relationship with the city within the inspector's respective field.

1. The building official shall submit a report to the administrator and council, not less than once a year, covering the work of the department during the preceding period.
2. The building official shall keep a permanent, accurate account of all fees and other monies collected and received, the names of the persons upon whose account the fees were paid, the date and the amount of monies received, together with the location of the building or premises to which they relate.

1. Upon presentation of proper credentials, the building official or a duly authorized representative may enter at reasonable times any building, structure, or premises in the city to perform any duty imposed upon the building official by this Code.
2. No person shall interfere with the building official or a duly authorized representative in the execution of the building official's duties.

1. Whenever any building work is being done contrary to the provisions of this Code, the building official may order the work stopped by notice, in writing, served on any persons engaged in the doing, or causing the work to be done, or if no such party can be found on the property, a notice shall be posted on the property in a conspicuous place.
2. The persons shall immediately stop work until authorized by the building official to proceed with the work.

1. Whenever any structure is being used contrary to the provisions of this Code, the building official may order the use discontinued and the structure or portion of the structure vacated by notice served on any person causing the use to be discontinued.
2. The person shall discontinue the use within ten days after receipt of the notice or make the structure or portion of structure comply with the requirements of this Code.

1. The building official or any employee charged with the enforcement of this Code, acting in good faith and without malice for the city in the discharge of the employee's duties, shall not render the building official liable personally.
2. The building official is relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of building official's duties.
3. Any suit brought against the building official or employer, because of the act or omission performed by the building official in the enforcement of any provisions of this Code, shall be defended by the city until final termination of the proceedings.

The building official may request, and shall receive as may be necessary in the discharge of official duties, the assistance and cooperation of the other officials of the city.

A planning commission is continued in the city.

The planning commission is established to meet the requirements of state statute; to develop and enforce the comprehensive plan and amendments to the plan, subject to council approval and the requirements of the State Municipal Planning Act; and to review and make recommendations on subdivisions, zoning applications, planned unit developments, and site and building plans as provided by ordinance. No expenditures by the commission shall be made unless and until authorized for the purpose by the council.

1. Generally. The planning commission shall consist of seven voting members. Members shall be appointed for three-year terms so that only one-third of the appointments will expire on December 31 of each year. Appointments will be considered with the available applicant pool.

Each member shall be a resident of the city. Wherever possible, commission members should represent all geographical areas of the city and a cross-section of the population of the city at the time of appointment.

1. The council may consider exceptional circumstances when considering the removal of a planning commission member. Nonetheless, any member may be removed by a majority vote of the council, for any of the following reasons:
   1. Having more than 3 consecutive unexcused absences from planning commission meetings.
   2. Being absent from more than 1/3 of the planning commission meetings in any 1 calendar year.
   3. Changing their primary place of residence to a location outside of the city of Lake Elmo.
   4. Exhibiting behavior disruptive to the good order and efficiency of the planning commission.

The commission shall elect a chairperson, and a vice-chairperson from among its appointed members at the first available date of each year, for a term of one year. The chairperson shall preside at all meetings of the commission, if present, and shall perform all other duties and functions required by state statute or assigned by the commission or the council. The vice-chairperson shall perform these duties in the absence of the chairperson. If a vacancy occurs in the chairperson's office, the vice-chairperson shall assume the chairperson's duties for the remainder of the year, and a new vice-chairperson shall be elected by the commission at a special election to be held at the next regularly scheduled commission meeting.

1. The first available meeting of the New Year with a quorum shall be dedicated to the election of officers and other business as scheduled.
2. Regular meetings shall be held in the city hall at 6:30 p.m. on the second and fourth Mondays of each month. No action shall be taken in the absence of a quorum except to adjourn the meeting to a subsequent date. A regular meeting may be canceled or rescheduled by the chair at a prior meeting or if there are no scheduled agenda items on the Thursday prior to the meeting. All action taken by the commission shall be by the affirmative vote of a majority of the members present.
3. Special meetings for the commission may be called by the chair following three days posted notice at City Hall.

Each member attending any meeting shall be entitled to cast one vote. Voting shall be by voice vote or by raise of hand. If any member has a personal interest of any kind in the matter before the commission, the member shall disclose the interest and shall remove themselves from voting on the matter. It shall then be recorded in the minutes that there was a no vote cast by that member.

All meetings of the commission shall be conducted in accordance with the Revised Robert's Rules of Order.

The city administrator, or appointed designee, shall advise the chairperson of any matters the commission must consider by council directive, ordinance, or statute and shall have prepared and supply a written agenda of all meetings to all commission members, the council, and the public no less than four days before each meeting.

Each formal action of the commission shall be embodied in full upon the minute book as formal motion or resolution. The minutes of each meeting shall be approved at a future meeting. The recommendations and findings of the commission shall be presented to the council at the next regularly scheduled council meeting. The records of meetings and actions and recommendations shall be transmitted to the city clerk, or appointed designee, for keeping and distribution.

Commission members shall be encouraged to attend training courses offered by the city, the state, and other government and public training agencies and the council shall budget for the reimbursement of expenses incurred in training each year.

1. Plan. The planning commission shall have the powers and duties given city planning agencies generally by law. The commission shall also exercise the duties conferred upon it by this Code. It shall be the purpose of the planning commission to prepare and adopt a comprehensive plan for the physical development of the city, including proposed public buildings, street arrangements and improvements, efficient design of major thoroughfares for moving of traffic, parking facilities, public utilities services, parks and playgrounds, a general land use plan, and other matters relating to the physical development of the city. The plan may be prepared in sections, each of which shall relate to the comprehensive plan program. After the commission has prepared and adopted the comprehensive plan, the commission shall, as necessary, review the comprehensive plan and any ordinances or programs implementing the plan.
2. Means of executing plan. Upon the adoption of a comprehensive plan or any section, it shall be the concern of the planning commission to recommend to the council reasonable and practicable means for putting into effect the plan or section in order that the same will serve as a pattern and guide for the orderly physical development of the city and as a basis for judging the timely disbursements of funds to implement the objective. Means of effectuating the plan shall, among other things, consist of a zoning ordinance, subdivision regulations, capital improvement programming and technical review, and recommendations of matters referred to the planning commission by the council.
3. Review and recommendation. The planning commission shall also perform reviews and provide recommendations to the city council the following items:
   1. Zoning Ordinance or text amendments
   2. Conditional Use Permits (CUP)
   3. Subdivision, major and minor
   4. Planned Unit Development requests (PUD)
   5. Variance requests
   6. Five year Capital Improvement Program (CIP) (for consistency with the Comprehensive Plan)
   7. Annual Work Plan
   8. All necessary reviews pertaining to the Comprehensive Plan, amendments, or otherwise

There is hereby established a city fire department, which shall consist of a combination of staffing model of full-time and part-time firefighters.

The department shall be responsible for the prevention and suppression of fires, the protection of life and property against fire, and the enforcement of all state and city fire code provisions.

The council shall determine the number of persons serving in the department as full-time and part-time firefighters.

The department shall be under the direction and supervision of a fire chief, subject to the general supervision of the city administrator.

There is hereby continued in the city a firefighter's relief association, whose function is to manage a service pension benefit for firefighters, which are
authorized under state statutes, and to provide other services to firefighters of the city fire department as deemed appropriate by members
of the association.

1. Any proposed change to the association's bylaws or articles of incorporation which will affect the benefits paid from the association's
   special fund shall not be effective until ratified by the city council.

A parks commission of the city is hereby continued.

The parks commission is established to review and make recommendations to the council on the future development of city parks, including the establishment of and improvements to the parks, and to make recommendations to the council on policies governing the maintenance and public use of the parks within the city.

The parks commission shall consist of seven voting members. The members shall be appointed by the city council for a three-year term. Appointment to an additional term will be considered with the available applicant pool. In its discretion, the city council may adjust the lengths of terms of office for parks commission members so that no more than one-half of the terms expire in any given year.

Each member shall be a resident of the city. Wherever possible, commission members should represent all geographical areas of the city and a cross-section of the population of the city at the time of appointment.

Any member may be removed by a four-fifths majority vote of the council, for cause. Cause shall include, but not be limited to, having more than three consecutive unexcused absences or being absent from more than one-third of the meetings in any one calendar year. The council may consider exceptional circumstances when applying this rule.

The commission shall elect a chairperson and a vice-chairperson from among its appointed members at the beginning of the new year, for a term of one year. The chairperson shall preside at all meetings of the commission, if present, and shall perform all other duties and functions assigned by the commission or the council. The vice-chairperson shall perform these duties in the absence of the chairperson. If a vacancy occurs in the chairperson's office, the vice-chairperson shall assume the chairperson's duties for the remainder of the year; and a new vice-chairperson shall be elected by the commission at a special election to be held at the next regularly scheduled commission meeting.

1. The first available meeting of the new year, with a quorum, shall be devoted to election of officers and other business as scheduled.
2. Regular commission meetings shall be held monthly, or more often as required. The time and place of all regular meetings shall be posted in the City Hall. The chairperson may call special meetings following three day's posted notice at the City Hall.
3. No action shall be taken in the absence of a quorum, except to adjourn the meeting to a subsequent date. A regular meeting may be canceled or rescheduled by the chair if there are no scheduled agenda items on the Thursday prior to the meeting. All action taken by the commission shall be by the affirmative vote of a majority of the members present.

Each member attending any meeting shall be entitled to cast one vote. Voting shall be by voice vote. If any member has a personal interest of any kind in the matter then before the commission, the member shall disclose this interest and be disqualified from voting upon the matter. It shall be recorded in the minutes that no vote was cast by the member.

All meetings of the commission shall be conducted in accordance with the Revised Robert's Rules of Order.

Each formal action of the commission shall be embodied in full upon the minute book as a formal motion or resolution after an affirmative vote as provided in this section. The minutes of each meeting shall be approved at a future meeting. The recommendations and findings of the commission shall be presented to the council at the next regularly scheduled council meeting. The records of meetings and actions and recommendations shall be transmitted to the city clerk for keeping and distribution.

Commission members shall be encouraged to avail themselves of training courses offered by the city, the state, and other government and public training agencies and the council shall budget for the reimbursement of expenses incurred in training each year.

1. The commission shall prepare, hold hearings on, and recommend to the council the plans, programs, and policies as it deems necessary to carry out the purposes of LEC 3.12.420 et seq.
2. The powers shall include, but not necessarily be limited to, studying and recommending to the council on the following:
   1. Land acquisition for park, trails, and recreation purposes;
   2. Plans for major improvements in city parks and trails;
   3. Rules and requirements for conduct of and in parks and recreation facilities;
   4. Plans and programs relating to the design and programming of city parks;
   5. Development of a capital improvement plan for the city's parks and recreation system;
   6. Annual work plan; and
   7. The other plans and programs as may be assigned from time to time.
3. The commission shall not be considered a park board under state statutes and shall have no powers to acquire or lease land, employ personnel, enter into contracts or leases, or any similar powers authorized for a park board by state statutes.

In accordance with M.S.A. § 471.193 (municipal heritage preservation), as it may be amended from time to time, and the powers of this statutory city, a heritage preservation commission is hereby continued.

The purpose of the heritage preservation commission is to engage in a comprehensive program of historic preservation and to preserve and promote the city's historic resources according to this subchapter.

1. The heritage preservation commission (HPC) shall consist of five members, two alternate members, and one ex officio member from the county historical society.
2. Members shall be appointed by the council for three-year terms so that only one-third of the appointments will expire on December 31 of each year. No member may serve more than two consecutive three-year terms unless the average years of service for all commission members is less than four years. A member who has served two terms may be reappointed by the council after a one-year absence.
3. The council shall designate a first alternate and a second alternate who will become full members in order of appointment and shall complete the unexpired term of the member they succeed.
4. If the office of any alternate becomes vacant, the vacancy shall be filled in the same manner in which the last regular appointment for that office was made.

Each commission member must be a person with demonstrated interest and expertise in historic preservation and must reside or work within the city with the exception of ex officio members.

Any member or alternate member may be removed by a four-fifths vote of the council, for cause. Cause shall include, but not be limited to, having more than three consecutive unexcused absences or being absent from more than one-third of the meetings in any one calendar year. The council may consider exceptional circumstances when applying the rule.

The commission shall elect a chairperson and a vice-chairperson, and may elect a secretary from among its appointed members at the annual meeting each year, for a term of one year. The chairperson shall preside at all meetings of the commission, if present, and shall perform all other duties and functions assigned by the commission or the council. The vice-chairperson shall perform these duties in the absence of the chairperson. If a vacancy occurs in the chairperson's office, the vice-chairperson shall assume the chairperson's duties for the remainder of the year; and a new vice-chairperson shall be elected by the commission at a special election to be held at the next regularly scheduled commission meeting, after at least two-days' written notice to each commission member.

The commission shall hold an annual meeting the first Monday in the month of January in each year unless the first Monday is a New Year's Day, in which case the annual meeting shall be held at the first regularly scheduled meeting of the commission in the month of January in each year. The meeting shall be devoted to the election of officers and the other business as shall be scheduled.

The commission shall meet with the council at their first meeting after formation and at the first meeting in September each year thereafter to review activities during the preceding year and develop an annual work plan through the establishment and review of goals, objectives, and tentative action steps.

Regular meetings shall be held in the city hall at ___ p.m. on the _____ of each month. No action shall be taken in the absence of a quorum except to adjourn the meeting to a subsequent date. A regular meeting may be canceled or rescheduled by the commission at a prior meeting if there are no scheduled agenda items on the Thursday prior to the meeting. All action taken by the commission shall be by the affirmative vote of a majority of the members present.

Special meetings of the commission shall be held in the city hall at a time and place designated or at a public place at a time designated and shall be called by the chairperson. Upon the written request of at least four members, the chairperson shall be required to call a special meeting to be held within seven days of the request. Written notice of the special meeting shall be given to all members not less than 72 hours in advance of the meeting.

Each member attending any meeting shall be entitled to cast one vote. Voting shall be by voice vote. If any member has a personal interest of any kind in the matter then before the commission, the member shall disclose this interest and be disqualified from voting upon the matter. The secretary shall record in the minutes that no vote was cast by the member. Alternate members shall be entitled to cast one vote in the absence of any member. The second alternate shall be entitled to cast one vote in the absence of any two members.

At any regular meeting of the commission, the following shall be the regular order of business:

1. Roll call;
2. Minutes of the preceding meeting;
3. Old and new business as scheduled on the agenda;
4. Communications; and
5. Adjournment.

All meetings of the commission shall be conducted in accordance with the Revised Robert's Rules of Order.

1. The chairperson shall cause all items to be considered at any meeting to be placed on a written agenda by the city administrator.
2. The city administrator shall advise the chairperson of any matters the commission must consider by council directive, ordinance, or statute and shall have prepared and mailed a written agenda of all meetings to all commission members, the council, and the public no less than four days before each meeting.

Each formal action of the commission shall be embodied in full upon the minute book as a formal motion or resolution after an affirmative vote as provided in LEC 3.12.600 et seq. The minutes of each meeting shall be provided to each member, the council, and the public no more than seven days after the date of each meeting. The recommendations and findings of the commission shall be presented to the council at the next regularly scheduled council meeting. The records of meetings and actions and recommendations shall be transmitted to the city administrator for keeping and distribution.

Commission members shall be encouraged to avail themselves of training courses offered by the city, the state, and other government and public training agencies, and the council shall budget for the reimbursement of expenses incurred in training each year.

The powers of the commission are to actively promote historical preservation within the city; to receive and cause to be made public display of artifacts of significance to the community, and to appropriately receive and secure them; to write, or cause to be written, a pictorial (all media) history of the city; to establish and maintain liaison with civic, church, and other groups for the purpose of promoting historic preservation and timely securing artifacts; to promote giving of artifacts, structures, or money to promote the activities involved in historical preservation; and further:

1. To survey and recommend to the council the designation of districts, sites, buildings, structures, and objects that are of historical, architectural, archaeological, engineering, or cultural significance;
2. To recommend to the council rules governing construction, alteration, demolition, and use, including the review of building permits, and the adoption of other measures appropriate for the preservation, protection, and perpetuation of designated properties and areas;
3. To recommend to the council the acquisition by purchase, gift, or bequest of a fee or lesser interest, including preservation restrictions, in designated properties and adjacent or associated lands which are important for the preservations and use of the designated properties;
4. To recommend to the council the use of its powers of eminent domain to maintain or preserve designated properties and adjacent or associated lands;
5. To recommend to the council the granting of use variances to the zoning ordinance for the purpose of promoting historical preservation or continuity;
6. To participate in the conduct of land use planning processes by the review and comment on documents or actions relating to designated areas and on comprehensive plans; and
7. To recommend to the council the removal of blighting influences in designated areas, including signs, unsightly structures, and debris incompatible with the physical well-being of the areas.

Proposed site designations and design guidelines must be sent to the state historic preservation officer at the Minnesota Historical Society, after initial review by the council, who shall review and comment on the proposal within 60 days. By October 31 of each year, each commission shall submit an annual report to the state historic preservation officer. The report must summarize the commission's activities, including designations, reviews, and other activities, during the previous 12 months.

A human rights commission of the city is hereby established.

The intent, purpose, and mission of the human rights commission, in cooperation with the state department of human rights, is to secure for all citizens equal opportunity in housing, employment, public accommodations, public services, and education, and to work consistently to foster a positive human relations climate in the city.

1. The human rights commission shall consist of seven members. The council shall appoint members for three-year terms so that only one-third of the appointments will expire on December 31 of each year. No member may serve more than two consecutive three-year terms unless the average years of service for all commission members are less than four years. The council may reappoint a member who has served two terms after a one-year absence.
2. In the case of original members, one member shall be appointed for a term expiring in one year, one member shall be appointed for a term expiring in two years, and one member shall be appointed for a term expiring in three years.

Any member may be removed by a four-fifths vote of the council, for cause. Cause shall include, but not be limited to, having more than three consecutive unexcused absences or being absent from more than one-third of the meetings in any one calendar year. The council may consider exceptional circumstances when applying the rule.

The commission shall elect a chairperson, a vice-chairperson, and secretary from among its appointed members at the annual meeting each year, for a term of one year. The chairperson shall preside at all meetings of the commission, if present, and shall perform all other duties and functions assigned by the commission or the council. The vice-chairperson shall perform these duties in the absence of the chairperson. If a vacancy occurs in the chairperson's office, the vice-chairperson shall assume the chairperson's duties for the remainder of the year. A new vice-chairperson shall be elected by the commission at a special election to be held at the next regularly scheduled commission meeting, after at least two-days' written notice to each commission member. The secretary shall take minutes of all meetings.

The commission shall hold an annual meeting during the first regular meeting in each year. The meeting shall be devoted to the election of officers and the other business as shall be scheduled.

Regular meetings shall be held in the city hall at 7:00 p.m. on the third Monday of each month. No action shall be taken in the absence of a quorum except to adjourn the meeting to a subsequent date. A regular meeting may be canceled or rescheduled by the commission at a prior meeting if there are no scheduled agenda items on the Thursday before the meeting. All action taken by the commission shall be by the affirmative vote of a majority of the members present.

Special meetings of the commission shall be held in the city hall at a time and place designated or at a public place at a time designated and shall be called by the chairperson. Upon the written request of at least four members, the chairperson shall be required to call a special meeting to be held within seven days of the request. Written notice of the special meeting shall be given to all members not less than 72 hours in advance of the meeting.

1. Each member attending any meeting shall be entitled to cast one vote.
2. Voting shall be by voice vote.
3. If any member has a personal interest of any kind in the matter then before the commission, the member shall disclose this interest and be disqualified from voting upon the matter.
4. The secretary shall record in the minutes that the member cast no vote.

At any regular meeting of the commission, the following shall be the regular order of business:

1. Roll call;
2. Minutes of the preceding meeting;
3. Old and new business as scheduled on the agenda;
4. Communications; and
5. Adjournment.

All meetings of the commission shall be conducted in accordance with the Revised Robert's Rules of Order.

An agenda shall be prepared for all meetings outlining the topics to be discussed at the meeting. The city administrator shall advise the chairperson of any matters the commission must consider by council directive, ordinance, or statute and shall have prepared and mailed a written agenda of all meetings to all commission members, the council, and the public no less than four days before each meeting.

Each formal action of the commission shall be embodied in full upon the minute book as a formal motion or resolution after an affirmative vote as provided in LEC 3.12.790 et seq. The recommendations and findings of the commission shall be presented to the council at the next regularly scheduled council meeting. The records of meetings and actions and recommendations shall be transmitted to the city administrator for keeping and distribution.

Commission members shall be encouraged to avail themselves of training courses offered by the city, the state, and other government and public training agencies, and the council shall budget for the reimbursement of expenses incurred in training each year.

1. The commission shall foster, through education and public information, general awareness and understanding of human relations and human rights issues and laws in the community.
2. The commission shall enlist the cooperation of agencies, organizations, and individuals in the community, and shall cooperate with the human and civil rights agencies of other communities in an active program directed to create equal opportunities and equal rights for all persons.
3. The commission shall annually recognize individuals and groups for their contribution to furthering positive human relations in the community.
4. The commission shall advise the mayor, city council, and city administrator on human relations and civil rights issues and recommend to the mayor, city council, and city administrator the adoption of the specific policies or actions as are needed to provide for full equal opportunity in the city.
5. The commission may recommend that the city take part in the no-fault grievance process administered by the state department of human rights, and, if an election is made, the commission shall be bound by all rules promulgated pursuant to the rule-making authority of that body.
6. The commission shall not seek to impose penalties or become involved in issues not directly related to human relations and human rights.
7. The commission shall inform any persons seeking to resolve their disputes through the commission of their rights to pursue a claim through the state department of human rights as well as to voluntarily participate in a dispute resolution process.
8. The commission will not become involved in matters which are germane to other established boards or commissions of the city, but may recommend that other commissioners review and comment on the issues.